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GOOCH v. SPRADLING

No. KCD 27099.

523 S.W.2d 861 (1975)

John C. GOOCH, Respondent, v. James R. SPRADLING, Director of Revenue, State of Missouri, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 2, 1975.

Application to Transfer Denied July 14, 1975.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Jefferson City, for appellant.

G. Michael Fatall, W. James Foland, Kansas City, for respondent.

Before SWOFFORD, P. J., and ROBERT R. WELBORN and ANDREW J. HIGGINS, Special Judges.

SWOFFORD, Presiding Judge.

Respondent (hereinafter called "licensee") was arrested for driving a motor vehicle while intoxicated and his operator's license was revoked for a period of one year by the appellant for alleged refusal to submit to a breathalyzer test under the provisions of Section 564.444(1) RSMo 1969, V.A. M.S. He filed his petition for review of this administrative ruling as authorized by section 564.444(2) and upon hearing in the court below, the order...

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